Bill goes to House committee next

Mar. 26, 2013

Jewell Tinnon, put in a conservatorship without her consent, lost her home. / File / The Tennessean

Written by

Walter F. Roche Jr.

The Tennessean

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Citing a history of complaints against conservators, the state Senate voted unanimously to standardize the way Tennesseans with disabilities are placed under someone else’s control.

The legislation mandates that the proposed wards, whose rights are being taken away, be given notice within 48 hours of the action and that a court hearing be held within five days. It also requires the judge on the case to find that the ward would face substantial harm without a conservator and to review annually the need for a conservatorship.

“There have been some problems and abuses,” said Sen. James Kyle, a Memphis Democrat. “This is a very important bill.”

“This has been a problem for a long time now,” said Sen. Mae Beavers, a Mt. Juliet Republican.

Sen. Doug Overby, R-Maryville, the prime sponsor, said the rewrite of Tennessee’s conservatorship law spells out “explicit procedures” to be followed when someone is being placed in a conservatorship on an emergency basis.

Under a conservatorship, a person’s rights to everything from managing financial affairs to making health care decisions can be turned over to a court-appointed conservator.

The bill requires that the judge establishing the conservatorship specifically list the rights that the ward retains and those being taken away. It’s the result of statewide hearings held by the Tennessee Bar Association, prompted by the controversy surrounding emergency conservatorships. Those included one involving Jewell Tinnon of Nashville, who lost her home and possessions after being placed in a conservatorship by two relatives.

The bill is scheduled to go before a House committee later this week.

Two last-minute amendments were approved before Monday’s full Senate vote. One would set a priority list of those who should be considered to be named as conservator, with the top ranking going to the spouse of the ward, second to a child of the ward and third to the closest relative of the ward. The bill spells out a way to determine who that closest relative is.

If the judge were unable to make a selection from the top five possibilities, he would be required to state the reason why. The bill also states that the judge’s decision should be based on “the best interests” of the person with a disability.

The other is a provision requiring that notification of the conservatorship be given to the operators of a residence or other facility where the ward resides.